PELAJIA ARAUJO Vs. MONICA PURIFICACAO DE SOUZA

JUDGEMENT

(1.) This first Civil Appeal arises out of a suit filed by the respondent/plaintiff claiming eviction of the appellants/defendants from house No. E/3-8 and Municipal No. 7/32, situated at Rajwaddo, Mapusa, in the Court of Civil Judge, Senior Division, Mapusa.

(2.) It is not in dispute that the plaintiff had entered into a contract with the husband of the first defendant sometime on 29-11-19 in respect of occupation of the house in question. This lease of the house was being successively renewed up to the date of the enforcement of the Goa, Daman and Diu (Buildings, Lease Rent and Eviction) Control Act, 1968, for short, to be called "the Rent Act". The husband of the first defendant died on 7-12-1974. On the ground that under the Rent Act after the death of the tenant no right survives in favour of the legal representatives (defendant No. 2) of the deceased tenants, the plaintiff served the notice dated 16-12-1974 on defendant No.1 to vacate the house. The defendant No.1 instead of vacating the house however remitted the rent by M. O. but it was refused by the plaintiff. Thereupon the plaintiff filed the suit for relief of eviction of the defendant from the suit-house as earlier said. In the suit Rs. 4,750/- were claimed as mesne profits.

(3.) The suit was contested on two grounds :-